ZAGREB, 1 Aug, 2021 - In 2020, the number of cases of primary free legal aid provided rose by a third from 2019 while the number of requests for secondary free legal aid dropped by a quarter.

Primary legal aid, whose cost is covered by the state and which includes the provision of general legal information and advice, making of motions, representation before administration offices, ministries, public companies etc., was provided in 27,200 cases in 2020, and in 20,700 cases in 2019, which is an increase of 31.5%, according to a report on free legal aid adopted by the government.

Most of the legal aid was provided by authorised associations while much less was provided by county administration bodies and legal clinics.

In almost 90% of the cases, free legal aid concerned the provision of general legal information and advice.

Free legal aid, a mechanism that enables financially disadvantaged citizens to access courts and other bodies, includes secondary legal aid, and the number of requests for secondary free legal aid in 2020 dropped by 24% compared to 2019, the exceptions being Slavonski Brod-Posavina, Dubrovnik-Neretva and Varaždin counties, where it increased, and Požega-Slavonia and Zadar counties, where it remained at the 2019 level.

The purpose of secondary free legal aid is to enable all citizens, including those who cannot afford it, to access courts and exercise the right to a fair trial, with the state covering the cost of attorneys, expert witnesses, court interpreters, etc.

In 2020, citizens submitted 4,459 requests for secondary free legal aid, of which 3,016 were approved and 451 were rejected.

Along with Croatian nationals, secondary free legal aid was also provided to foreign nationals, most of whom were from Bosnia and Herzegovina (21), followed by Kosovo (3) and Germany (2).

The largest number of requests for secondary free legal aid was submitted in Zagreb and Istria Counties, 456 and 419 respectively, and the least in Šibenik-Knin County, 59.

The amount of money spent on free legal aid in 2020 was 4.3% lower than in 2019, but the drop referred only to secondary legal aid, while expenses for primary free legal aid rose from 2019.

Of the HRK 4.3 million set aside for free legal aid, 2 million was envisaged for primary and 2.2 million for secondary legal aid, while eventually 2.1 million was spent on primary and 1.5 million on secondary free legal aid.

(€1 = HRK 7.5)

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ZAGREB, 13 May, 2021 - The Croatian government said on Thursday that the candidate for the Supreme Court president Zlata Đurđević is not in favour of the model for the election of judges as exists in most EU countries.

Quoting parts of Đurđević's programme, the government says that Đurđević is not in favour of the model that exists in most EU countries, where judges are appointed by the executive authorities, but rather juxtaposes the election of judges by an independent body with the model in which judges are elected in the parliament.

The government stresses that unlike the model currently in force in Croatia, which was part of obligations assumed with the country's EU membership, that model is the least represented and exists in only two member-states - Slovenia and Latvia.

To elect judges in the parliament would be "a major step backward, notably with regard to judicial autonomy and the perception of judicial autonomy," says the government.

It recalls that until the amendment of the Constitution in 2010, the Sabor elected only members of the State Judicial Council, while the concept under which all judges would be elected by the parliament never existed in Croatia's legal order.

"To have all judges elected by political parties, regardless of which party is in power, would pose a major risk in terms of the politicisation of the system and would not guarantee the election of the best and most qualified candidates," the government says after analysing parts of Đurđević's programme entitled "Judiciary as a branch of government without democratic legitimacy."

The government adds that the system of that kind would constitute a departure from the existing standards "which have shortcomings and leave room for improvement but which are still a far better solution than the appointment of judges by politicians."

Also, the introduction of such a system would be harmful for Croatia's reputation, bearing in mind the content and importance of the mechanism of rule of law oversight in the EU as well as the National Recovery and Resilience Programme, the government says.

It also notes that Đurđević did not always consider the current modal as bad or questioned the autonomy of the Croatian judiciary.

Quoting her opinion published in a law journal in 2018, the government recalls that Đurđević, while criticising court autonomy in Hungary and Poland, said that "one should not doubt the existence of an appropriate normative and institutional framework for the autonomy of Croatian courts."

That normative and institutional framework has not changed since 2018, says the government.

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ZAGREB, 20 April, 2021 - Prime Minister Andrej Plenković said on Tuesday the Osijek County Court should have ordered a precautionary measure for former Dinamo football club coach Zoran Mamić, who went to Bosnia and Herzegovina after being sentenced in Croatia and applied for serving his prison term there.

Speaking to the press in Rijeka, Plenković said "the Justice Ministry was very clear about ordering precautionary measures for some convicts. The competent court of first instance could and should have ordered a precautionary measure given the circumstances."

"If our judiciary thinks that this option at their disposal is in any way insufficient or not clear enough and that it should be fine-tuned, they should say so. They are the ones who can decide if certain possibilities are being used in practice or not."

Plenković said trial laws were essential and delicate and that one must also look at the general interest and a defendant's rights. "In my opinion, such situations shouldn't occur."

Asked if the agreement with Bosnia and Herzegovina regulating these matters should be changed because of such situations, he said, "We can change the agreement, but I'm more interested in the practice itself which, I must say, has nothing to do with the government."

"When you look at judiciary independence indicators, the election of judges, their salaries, status - we have done the utmost about that. This is a question of implementation and specific cases which must be treated in such a way to prevent situations like this."

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Much like an unpleasant odour, former PM Ivo Sanader is back in the limelight, at least that of the court room, once again.

As VLM/Poslovni Dnevnik writes on the 2nd of April, 2019, two years after the Zagreb County Court announced their verdict in the Planinska affair, former Croatian prime minister Ivo Sanader is set to appear at the Supreme Court, in a hearing which will deal with his appeals against that previous judgement.

In the Planinska affair, former prime minister Ivo Sanader (HDZ) was handed down a verdict which saw him sentenced to four and half years in prison, while Mladen Mlinarević and Stjepan Fiolić were sentenced to one year in prison each, with that punishment being overturned for community service instead.

Hefty fines were imposed on the two accused companies, the Fiolić butchery was punished with a 50,000 kuna fine, and the the accused livestock reproduction centre was hit a fine of 70,000 kuna. The verdict saw it decided that Ivo Sanader, Stjepan Fiolić, the Fiolić butchery, and the aforementioned centre must jointly return fifteen million kuna, while Ivo Sanader faced more punishment on top of that.

It is anticipated that session of the Supreme Court dealing with the Planinska affair will last three days, during which the defense should explain their appeals. The defendants complained of substantial violations of the criminal procedure and demanded that the verdict be terminated. The main request is for the Supreme Court to revise the previous verdict and subsequent sentence(s).

The maximum prescribed punishment is being sought for former PM Ivo Sanader, which currently stands at ten years behind bars, is because the belief is that this is truly a case of the "worst form of political corruption which he [Ivo Sanader] himself devised, and in its realisation he was insistent and persistent, just as he was persistent and diligent in hiding it". As for Mladen Mlinarević, they believe that he and Ivo Sanader have shown that this was not a case of misconduct but pure corruption as a form of lifestyle.

The Planinska affair gave way to one of Ivo Sanader's most controversial court proceedings to date, which was often interrupted due to his various health problems. Due to these postponements, the trial took place from April 2013 right up until April 2018.

Several years later, Ivo Sanader was placed on trial again in repeated trials for his involvement in the INA - MOL and Fimi Media affairs.

While waiting for the Supreme Court to pass its decision on the appeals to the previous sentence for the Planinska affair, Ivo Sanader was sentenced to two and a half years in prison back in October last year in the Hypo scandal, and his verdict was acquitted in yet another affair involving HEP. If the Supreme Court confirms the previous ruling for the Planinska affair, it means that Ivo Sanader will soon be back behind bars once again. If the judgement is terminated, it will mean that another repeated trial, which in true Croatian fashion, is likely to last for years, will occur.

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Click here for the original article by VLM/Poslovni Dnevnik

According to Ipsos research, at least one negative shopping experience was reported by 29 percent of the respondents so far. In line with EU rules, a new Croatian Central Consumer Portal may provide the answer for consumers to be able to access everything they need to know about their rights.

As Darko Bicak/Poslovni Dnevnik writes on the 25th of November, 2018, a new set of European Union rules will soon be incorporated into domestic consumer protection legislation with the adoption of proposals sent to the Croatian Parliament.

Despite the generally welcome move, practice hasn't reflected theory so far, and information has shown that consumers tend to find it very hard to deal with the proverbial "forest" of regulations that exist when it comes to consumer rights and protection, and want easier access to information about their rights, as well as clear instructions to find out exactly who to contact when they feel that their rights have been denied, violated, or otherwise infringed upon.

The Ministry of Economy is therefore preparing a unique, Croatian central consumer portal entitled "Everything for Consumers" (Sve za potrošače) which should kick off with work by the end of this year, or just a little later at the very beginning of 2019.

"Our goal is that consumers no longer have to waste their time to first get the information [they need] about which competent body they require, then [spending more time] on just how to get to the [required] information from that body, but instead to have everything they need to know at their disposal - from how the product needs to be labelled in order for them to get all the information they need, and how it's necessary to point out the retail price to the possibility of the termination of the contract and the return of the goods, to what to pay attention to before they make purchases online,'' they state from the Ministry of Economy.

For the launch of the Croatian central consumer portal, inspiration drawn directly from field experience was used, and this year, campaigns across the country were organised, in March, September, and even on this coming Saturday another one will held at Zagreb's Zrinjevac.

The research conducted into this by the Ipsos agency back in September for the aforementioned Ministry shows how just a very small number of those over the age of 16, a mere 16.7 percent, believe they are somewhat or completely acquainted with their consumer rights. As many of 33.5 percent of consumers are totally unaware of what their rights as consumers are, and at least one negative customer experience was experienced by as many as 29 percent of the respondents, and most of them, as much as 71 percent, had a problem with a purchased product, followed then by public service irregularities (20 percent).

The move on creating the Croatian central consumer portal, and generally on placing greater emphasis and concern on consumer rights has been welcomed by Croatia because it ensures the continued proper functioning of the market, and the customer's satisfaction is very much in the interest of business people working in this field because transparency and fair rules often work as a trustworthy condition for returns, with re-purchases often then being made.

Make sure to stay up to date with our dedicated business and politics pages for more information like this.

Click here for the original article by Darko Bicak for Poslovni Dnevnik

While significant improvements have indeed been made, Croatia still has a very long way to go in terms of the justice system.

On Friday 13^th October 2017, Croatian businessman and millionaire – Tomo Horvatinčić was acquitted of all charges relating to the 2011 maritime accident where he killed two people. This is not the first such case, he has killed two people in two separate incidents in the past and has served no time for any of it. Which, begs the question – how many people can a millionaire kill and get away with in Croatia?